92 Decision Citation: BVA 92-05693
Y92
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
DOCKET NO. 90-31 343 ) DATE
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THE ISSUE
Entitlement to service connection for a chronic lung
disorder, claimed as asbestosis.
REPRESENTATION
Appellant represented by: Fleet Reserve Association
WITNESS AT HEARING ON APPEAL
Appellant
ATTORNEY FOR THE BOARD
J. E. Ormond, Counsel
INTRODUCTION
This matter came before the Board on appeal from a rating
decision of January 1990 from the St. Petersburg, Florida,
regional office. The veteran served from 1941 to 1970. The
notice of disagreement was received in May 1990. A statement
of the case was issued later that month. The substantive
appeal was received in July 1990. The case was received at
the Board in August 1990 and docketed in September 1990. In
February 1991, the appellant testified at a hearing before the
Board.
In a decision, dated March 27, 1991, the case was remanded by
the Board for further development of the record. A
supplemental statement of the case was issued in June 1991.
The case was received and docketed at the Board in June 1991.
The appellant has been represented throughout his appeal by
the Fleet Reserve Association. The claims folder was referred
to the representative, and written argument was received from
that organization in December 1991. The case is now ready for
appellate review.
CONTENTIONS OF APPELLANT ON APPEAL
The veteran's fundamental contention is that he has a lung
disorder which resulted from exposure to asbestos and other
toxic substances during service.
DECISION OF THE BOARD
For the reasons and bases hereinafter set forth, it is the
decision of the Board that the preponderance of evidence is
against the claim for service connection for a chronic lung
disorder, including asbestosis.
FINDINGS OF FACT
1. The veteran did not have a chronic lung disorder in
service.
2. The existence of a chronic lung disorder is not currently
established.
3. Asbestosis has not been demonstrated.
CONCLUSIONS OF LAW
A chronic lung disorder, including asbestosis, was not
incurred in or aggravated by service. 38 U.S.C. § 1110,
1131.
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The service medical records are virtually silent for any
significant respiratory problems, especially during the latter
part of his long military service. Indeed, since service
there is similarly scant evidence of persistent lung
problems. He does not have asbestosis. See the findings on
the VA examination and special diagnostic studies conducted in
May 1991. The only substantial finding then was some mild
obstructive airway impairment on pulmonary function studies.
He was not dyspneic on clinical examination. Asbestosis is
restrictive in nature. J.A. Peter Pare, M.D., Robert G.
Fraser, M.D., Synopsis of Diseases of the Chest, 1983, at 589.
Even on the assumption that the airway impairment is
indicative of chronic lung disease, any such disorder cannot
be attributed to service because of the basically benign
findings during and for so long after service.
ORDER
Entitlement to service connection for a chronic lung disorder
is denied.
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
JACK W. BLASINGAME C. A. QUARLES, M.D.
*
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NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C. § 7266, a
decision of the Board of Veterans' Appeals granting less
than the complete benefit, or benefits, sought on appeal is
appealable to the United States Court of Veterans Appeals
within 120 days from the date of mailing of notice of the
decision, provided that a Notice of Disagreement concerning
an issue which was before the Board was filed with the
agency of original jurisdiction on or after November 18,
1988 (see sec. 402 of the Veterans' Judicial Review Act
(Pub. L. 100-687)). The date which appears on the face of
this decision constitutes the date of mailing and the copy
of this decision which you have received is your notice of
the action taken on your appeal by the Board of Veterans'
Appeals.
*38 U.S.C. § 7102(a)(2)(A) (1991) permits a Board of
Veterans' Appeals Section, upon direction of the Chairman of
the Board, to proceed with the transaction of business
without awaiting assignment of an additional Member to the
Section when the Section is composed of fewer than three
Members due to absence of a Member, vacancy on the Board or
inability of the Member assigned to the Section to serve on
the panel. The Chairman has directed that the Section
proceed with the transaction of business, including the
issuance of decisions, without awaiting the assignment of a
third Member.